All jurisdictions in Canada are 'costs jurisdictions', meaning that the losing party in a lawsuit must generally pay a portion of the legal costs of the successful party. Fortunately, the courts in each jurisdiction allow the defendant to bring a motion for security for costs, which prevents the plaintiff from continuing to advance its claim until it posts security to satisfy a potential adverse costs award.
Lawyers providing investment advice or services to clients may find themselves unprotected against claims arising out of these services. A recent court decision serves as an important reminder to review insurance policies for coverage and exclusions carefully, or face potentially significant financial consequences if coverage is not extended.
The Ontario Court of Appeal has addressed the jurisdiction of Ontario courts to recognise and enforce foreign judgments. The decision is important because it indicates that enforcement actions can proceed in Ontario to recover from uninvolved Canadian subsidiaries of foreign corporate wrongdoers.
It is not uncommon for a plaintiff to misname a defendant in a statement of claim. Typically, if the plaintiff has served the claim on the correct defendant, the parties acknowledge the error and move on with the litigation. However, the failure to name the correct defendant may have prejudicial consequences, especially if the limitation period for bringing an action to advance the claim has expired.
The test to prove the unlawful means tort has been highly debated over the last decade in Canada. More specifically, courts have long struggled to define the 'unlawful means' element of the tort and the area of law has been described as a "mess". However, a recent court decision provides clarity on the scope of the unlawful means element.
After becoming the custodian of a company in receivership, a court-appointed receiver may face lawsuits of varying degrees of merit. However, court-appointed receivers receive a measure of protection by virtue of the Bankruptcy and Insolvency Act, which provides that no proceeding may be commenced against an official receiver or interim receiver without first obtaining leave of the court.
The minister of sustainable development, environment and parks recently introduced Bill 42, which, if passed into law, will create government regulatory powers that will deepen its control over greenhouse gas emissions through market mechanisms. Essentially, the bill will allow for the creation of a provincial cap-and-trade system, the details of which will be established by government regulation following the enactment of the law.
Ontario's deputy premier and minister of energy and infrastructure recently introduced Bill 150 for its first reading in the legislature. If passed, the bill would create a new standalone Green Energy Act 2009 and significantly amend or repeal 17 other statutes in order to set Ontario on course to a greener economy and a conservation culture.
The Quebec government plans to adopt a new regulation in order to collect information on the impact of water withdrawals and allow for better management of conflicting uses of water resources. Industries, businesses, municipalities and institutions will be required to communicate various data to the government on the water that they withdraw from the natural environment.
A new list of Canadian governmental incentives targeted specifically at businesses is now making it easier to be green. This update provides an overview of the environmental incentive programmes available to businesses located in Ontario, together with a description of the respective eligibility requirements.
Under British Columbia’s Environmental Management Act, the Ministry of Environment has the authority to issue contaminated sites approvals, notably certificates of compliance and approvals in principle of remediation plans. The newly created and independent Society of Contaminated Sites Approved Professionals of British Columbia now processes the vast majority of applications.
Canadian companies face an uncomfortable new reality with respect to cross-border pollution: even if they conduct no activities in the United States, the long arm of the US Environmental Protection Agency is applicable if their Canadian operations result in pollution south of the border.
Product liability is a specialized area of tort law that is evolving in response to new developments in business and consumer transactions and the recent introduction of class actions throughout Canada. This update discusses some of the highlights of recent Canadian product liability law with a particular focus on Ontario.